Block Party Rip-Off?

Speaking of things that may or may not be rip-offs, Adult Swim recently wrapped up a nation-wide block party tour that married live music and animation, kind of like Brooklyn’s quirky long-running Animation Block Party. Having never attended either of them, I can’t speak as to how closely Adult Swim’s block party mimicked Animation Block’s style, but perhaps others can. As a sidenote, Animation Block’s submission deadline is May 28.

I’m kinda surprised by this. I could be wrong, but I thought Cartoon Network owned Adult Swim. If that’s the case, then CN is the one that should be retracting their concept, which seems to me, as an outsider, as stolen. I’m sure there are attorneys that hop all over this stuff, but it just seems plain wrong to steal another’s idea.

Lisa

There is space in my heart for only one Block Party, and it’s happened in Brooklyn every summer for the past 7 years!!

well its not like either of these invented the term “block party,” so they didnt necessarily steal the idea. but they are both animation fests, so they should been aware of the nyc franchise, and thus are steppin on toes.

T

I had a block party on my street when i was a kid does that mean my parents ripped off Animation block party too? lol. Saying that they are ripping off animation block party by calling it a block party is like saying that anime expo is ripping off the toy expo because they both have the word expo in it.

@ Jay Weissman – I think its more about the possibility os suit. CN can do what it likes, legal is only there to determine what the possibility of suit would be. Suing CN by the for-profit company Animation Block Party would be tough. Also ABP doesn’t have ownership to the concept of a block party. It would be very hard to prove, its definitely not copyrightable and trademarking the concept of a block party would be tough. The only case that ABP might have is if Adult Swim called theirs Animation Block Party which they didn’t.

Usualsuspect

I have to agree with Sandra’s comment, I to relate Block Party with
Animation Block Party (as I am a fan of the annual event).

Adult Swim has now decided to adopt the name “Block Party” to add to the title “Adult Swim Block Party”; from where I am standing their has to be a violation some where.

Where does the law fall in dealing with titles and names, how binding is a copyright of a name?

Sorry to see this happening, I understand and am a big fan of capitalism but in this case I have to side with ABP and its organizers….

By the looks of it, they are actually different from each other. Animation’s is more of a film festival type ordeal while [as]’s is more of a carnival with [as] characters slap onto it. The only similarities is that they both have music in some form, but then again, ALL block parties have them in some form.

Jay Weissman

@RobertKohr I looked at the animationblock.com website, did a little research and it seems as if Animation Block Party has been trademarked since it’s inception. CN can’t just “do what it likes.” There are trademark laws for that reason and precedents are set to prevent these types of issues. If that were the case, I could come up with a production/media company called ‘Warner Sisters’. On the other hand, if I had ‘Warner Sisters’ as a plumbing company, I wouldn’t infringe on any trademark.

RobertKohr, you said, “The only case that ABP might have is if Adult Swim called theirs Animation Block Party which they didn’t.” I assure you, from experience, there is an infringement case here.

@stieg FYI, you don’t need to “invent” a term to have the right to a trademark.

Looking further into the site, they do have screens around the carnival airing a marathon of [as] programing when bands aren’t performing, technically not really a major film festival, but as a subtle festival/background noise. So I guess there is a form of infringement in there, but not huge enough to consider a lawsuit. However, if [as] encouraged animators to summit films to their block party to win prizes, THEN they’re ripping off ABP. But instead, ASBP is more about the music festival than being a major animation festival like ABP is.

@ Jay Weissman – Not to belabor this but if you look again the company isn’t called Animation Block Party its called Animation Block. They say their registered trademark is Animation Block. The term Block Party isn’t part of it. As far as confusion trademark litigation is tough, the whole point is confusion, if you created Warner Sisters but say you were an animation company and you were 2 sisters named Warner. It would be tough to a) confuse you with a multinational company and b) its a reasonable name. It all boils down to opinion in the end though and who has the better lawyers.

ZANE

this rob kohr has no idea what he’s talking about, you dont even need a governement trademark if you’ve established a trademark over time, just google animation block party and hundreds and hundreds of links will come up. this alone proves the trademark based on block party history even if it isn’t registered, which i would think it porbably is cause you don’t have to list trademarks on your webiste.

Jay Weissman

@Robert Kohr Why not belabor the point?

Obviously you’ve never heard of the term ‘passing off’. FYI, passing off gives trademark rights to an entity, even if it hasn’t been registered. It is based on business reputation and since Animation Block has been around for probably 10 years, in this instance, it would have domain over the term Animation Block, Animation Block Party or even Block Party (in relation to animation or cartoons) as the term ‘Party’ relates to a function of the initial business model of the Animation Block. Passing off does act as a remedy in this situation and frankly, it has nothing to do with who has better counsel, it’s a fact of the law in the states of New York, where Animation Block is based and Georgia, where CN is registered.

There is NO confusion here when it comes to the naming of a company or project after one has been in existence for more than 365 calendar days. If I named a company ‘Warner Sisters’ and it’s main function was as an animation company, I’d lose title to it pretty quickly as Warner Bros. does produce and fund animation. There would be nothing ‘reasonable’ about naming my company after a subsidiary of Warner Brothers Entertainment Inc. even if we were two sisters named Warner. Warner Sisters is an actual entity that was started by Cass Warner and she only was able to use the name because she’s the granddaughter of Harry Warner and received clearance from the holding company to use the Warner name.

Warsk

Animation Block is the original flava. Simple.

anonymous

Ha! AS IF CN or anything Turner related would steal ANYTHING!

Christina S.

Now this is just petty. ‘Block Party’ isn’t a term that can be copyrighted, as it’s a common phrase referring to a huge party that can take up an entire block of a neighborhood. Should Burger King sue Burgerville just because it’s a fast food restaurant that also uses ‘burger’ in its name? Besides, as someone else pointed out, the Adult Swim Block Party isn’t even an animation festival; it’s just a carnival with Adult Swim characters plastered all over it.

jessica

this is sad, i wish big companies would stop ripping off the little guys…

Anyone who thinks this is a clear cut case of “trading on the brand” is mistaken.

Animation Block (Party), can not trademark the phrase “Block Party” therefore the use of the term may well be legal. This is different from “Warner Sisters” as “Block Party” is already a common term.

Animation Block (Party) could have an actionable case if they could prove that Adult Swim was knowingly causing confusion in consumers by taking the name or took the name to build on the Animation Block Party’s reputation.

A recent example is Viacom’s out of court settlement with Spike Lee after an executive was quoted as saying they wanted their rebrand of TNN to be cool and hip “like Spike Lee”. That case was never adjudicated so couldn’t serve as precedent but a lawyer could surely find others.

Further, I recall going to an Adult Swim Block Party at the Tribeca Grand just after that opened (maybe 2000/2001). This also established a timeline which implies an independent use of the phrase.

Mike H.

Adult Swim didn’t even exist in 2000-2001.

WHat is Cartoon Network paying this guy?– and if you search for Adult Swim Block Party on the web it’s only exists since this past month!! Not since 2000-01 (whidh pre-dates ADULT SWIM).

ARRGHHH. Stop the lies already!!

Bill Field

Mike H.- The first Adult Swim Block Party was in 2003, I worked on bumpers for it. The first Animation Block Party was in 2004.

Anon

From what I’ve heard, Adult Swim was definitely aware of the Animation Block Party before they started theirs. This reeks of trouble and I’m disgusted Cartoon Network would do something like this.

Jay Weissman

Adult swim was a block of programming on the CN from 2001-2005. It wasn’t an independent entity being produced and broadcast on its own until March 2005. Animation Block Party was created in early 2004.

Surplus

I just don’t understand why we all can’t just get along.

i fail to see how adult swim stole anything, a block party is a block party, regardless of who is hosting it. every block party is going to have music and videos, people and food
so tell me this, what exactly is adult swim stealing from animation block party?

pat I.

Why in the world does everyone always blame THE BIG companies?

Let’s face it folks – animation would never be where it is today. Thiss site among other sites dedicated to the art of animation allot a massive amount of space to anything even remotely having to do with
classic and new animation..animation churned out by The big Companies – like Warner Bros, MGM, Disney, Dreamworks, Pixar, paramount, etc.

So CN annexed the name “BLOCK PARTY”? Who gives a rat’s a**? For every animation studio given a job by CN or a studio contracted
by CN there will be people on the payroll learning and honing their hard earned skills. Big companies have the deep pockets to train and groom even if it is on crappy animated series or commercials.

Disney gave us Don Bluth. WB gave us CHuck jones and Bob Clampett.

Frankly I don’t care. I think this issue is petty. You had two festivals
with (I assume) great animation – who cares if the format and name are similar? It’s not like they played on the same day across the street from each other showing the same identical shows.

It’s all good.

Now if only they’d stop with the silly 3d stuff.

Sorry for typos. I have a bum hand.

HorseShack

Surplus, I think the question is whether Adult Swim stole the term Block Party in relation to their festival since Block Party has been established as an Animation term through the Animation Block Party.

It’s the use of the name Block Party in question and where-why Adult Swim decided to use that name instead of something else.

I think the drama of these posts are pretty silly but very entertaining….

Also, I hate Adult Swim.

Stephan

Did you know there was an ADULT SWIM at my local pool before Adult Swim came around??? And you don’t think Chappelle’s Block Party stole their idea from the Animation Block Party too??? I mean, I have no experience of any of these things, and while that would stop others from making broad Fox News style accusations, that will never stop me from expressing my barely hidden contempt for popular things I do not like.

Seriously, a block party is a block party. One is hardly a rip off of the other because its like ripping off juice, it existed long before a company could every lay claim to it. If nothing else, we should celebrate that there are more animation block parties.

aa

it’s difficult to be perfectly humble about a title that is not a brand.
If this were the COCA COLAdrome party or the CHARLESTON CHEW spectacular, then we might have words to talk about in court.

The term “block party” seems too open to the world to tag a patent on regardless of how it’s used and what kind of venue…which in this case is animation and film.

Animation Block Party is a brand. I wouldn’t let someone get away with that. In this case….I’d let it slide.

Stephan

Btw, I just want to add, I’m positive that the use of the term block party has more to do with Adult Swim’s hip hop ties than anything else.

Adam

I think everybody is still over looking the fact that the Adult Swim Block Party is not an animation festival but a carnival. I went to one, there are no submissions and no shorts or shows. There’s a promo reel for Adult Swim shows on a loop between bands. It’s just games and music and on top of all that IT’S FREE! They’re not even profiting off the event. Why is this even an issue it all seems so silly.

Stephan

Btw, what Bill Field said was pretty important, and should force the blog entry to be corrected and clarified, that the first Adult Swim block party preceded Animation Block Party by a year.

sandra

Reviewing these comments I have now done countless searches on the web for an Adult Swim Block Party before 2010 and cannot find a single record of it.

The date that keeps coming up for Adult Swim starting is March 28, 2005 and that is not Adult Swim Block Party, there was no Adult Swim Block Party in 2005 or anytime before 2010.

When I think “Animation” and “Block Party” I will forever think Animation Block Party no matter what Cartoon Network tries to do in stealing the term.

It also seems very clear many of the skewed posts on this page are from Adult Swim employees, probably trying to cover their butts for ripping off Animation Block Party.

Jebus, what’s with the hate? You would think animation fans would welcome having more than one animation-themed carnival coming to town. And I don’t think the “corporate big-wigs” at Adult Swim stole the idea. Themed-block parties aren’t new. There’s room for both. If you don’t feel AS has any “street-cred,” a term and idea that’s played-out by the way, then don’t attend. You know what we COULD use fewer of though? Animation Hipsters. Peace.

Jay Weissman

First and foremost, my wife submitted a post last night that wasn’t approved. In my words, it simply said that she wishes the ‘big guys’ would back off and let Animation Block Party do its thing as it has for all of these years. My wife is S. American and I hope that it was only not approved because it may have been looked over and not because her written English isn’t fluent. Since these posts have to be approved, sometimes I feel as though many people get left out of debates such as these.

OK, back to the topic at hand:
It is possible to trademark a term in relation to a specific event or events. For example, I could trademark the term “Austin Film Festival”. I wouldn’t own “film festival”, only the full term. If a company tried to have an “Austin Festival” that showed purely films (whether animation or live action) I could sue them for infringing on my trademark as I would have the right to any film-related festival in Austin or that used the term “Austin” in its title. If the “Austin Festival” took place in Dallas, then I’d still have a case, but a much tougher time convincing a judge that the festival in Dallas is affecting the Austin festival.

The term “block party” is possible for a trademark. If I wanted to have a “4 wheeler block party”, I could trademark “block party” ONLY for the use related to “4 wheelers”. If a company came along and had a “motorcycle block party”, I couldn’t sue as long as it was advertised purely for 2 wheeled motorbikes.

In this scenario, I understand where Animation Block Party has a case. I don’t happen to agree with my wife that the BIG guys are necessarily wrong in most cases, but in this instance, Animation Block Party has a case as it was around before Adult Swim was incorporated. The filing of Adult Swim as a subsidiary of Cartoon Network is listed with the Georgia Secretary of State as March 13, 2005. The filing for Animation Block is January, 2004.

Prior to March 2005, Adult Swim was a programming block, wasn’t a separate entity and therefore wouldn’t have the right to trademark an event.

Animation Block only has to prove that the Adult Swim concept includes animation since the Adult Swim Block Party is owned and run by Adult Swim which is its own corporation. It does not have to prove that any business has been taken away or that it affects it at all. The ‘block party’ itself can be a carnival or a dance and can be completely free, but since it does stem from Adult Swim then, they must obey the trademark.

@Adam Don’t even think for a second that Adult Swim isn’t benefiting from their ‘block party’. If they advertise the channel anywhere in it’s surroundings (within 1000 feet of an entrance), then it is considered profiting.

@Sandra I think it’s unfair to go after the people posting here. You don’t know for a fact if they’re Adult Swim employees or simply people that are passionate about animation and don’t care about the inner workings of festivals such as these.

@aa There is a HUGE difference between a patent, copyright and trademark. No term is “too open” to patent. You can patent stars in the sky if you want, or names of locations, as long as it relates to a singular product.

Bill Field

Sandra, Adult Swim started in 2001. The date that you keep getting is the date it was separated as a channel for demographic and marketing purposes, from Cartoon Network. Look up by programming- that is show by show, Aqua Teen Hunger Force, Sealab 2021, Harvey Birman, etc, which are the first 3 shows created for the Adult Swim Block (the official name til 2005) which the Adult Swim Block Party was created, in 2003, due to Block already being in the name, it was a natural for a promotional roadshow. According to ANIMATION BLOCK PARTY’s own site, they began in 2004. I worked subcontract for AS- I have no vested interest, and there are no butts to be saved, Adult Swim’s version came first. I am not editorializing, only stating the facts.

As someone who was VERY involved with TCN at its onset and through the first number of years, I can tell you the name of the programming block was ‘Adult Swim’. It was referred to as ‘the Adult Swim block’ as most programming blocks are referred to in media. i.e. Discovery refers to its highest rated programming block, the ‘Deadliest Catch’ block, but it isn’t registered as the ‘Deadliest Catch Block’. It there were a Deadliest Catch Block Party that took place and it infringed upon the ‘block party’ of a company called ‘Fresh Catch’, then ‘Fresh Catch’ would be able to sue the producer of Deadliest Catch based on grounds of confusion and or overlapping property.

Adult Swim wasn’t trademarked as ‘the Adult Swim block’. It was trademarked in 2005 as ‘Adult Swim’. Yes, around the office, it was referred to as the ‘Adult Swim’ block but it wasn’t an ‘official’ name.

The fact remains that the registered name ‘Animation Block’ was around before the registered name ‘Adult Swim’. The activity of the ‘Adult Swim’ Block Party does not have to directly affect the business of ‘Animation Block’ Party to allow the claimant to pursue a case against the defendant. The laws surrounding these types of intellectual property are straight forward in that they state the dates at which a trademark is registered is the primary factor in determining the allowance of use.

Bill, the programming block of Adult Swim DID come before the registration of Animation Block, that is true. Let’s not confuse the term ‘block’ as a reference to a programming time and ‘block’ used as a registered name of a company. In this case, the tort of ‘passing off’ would deem that ‘Animation Block’ would have the right to ‘block party’ in this instance due to the fact that:

1. it was registered before the defendant
2. the claimant’s registered trademark uses one word in the contested term
3. the claimant’s type of business includes, but is not limited to, animation and cartoon production, media screening & consultancy

I think the real question here is, did Animation Block notify Adult Swim of the possibility of infringing on its trademark. Adult Swim could always say after the fact, that it didn’t know that there was an Animation Block Party event, but that would simply mean that they wouldn’t be able to use it again in the future. In that situation, Animation Block would have the right to a percentage of profits garnered by Adult Swim during the time period that they used ‘block party’ in reference to anything animated.

I think we’d have to ask the management of Animation Block if they ever notified Adult Swim of the infringement.

Bill Field

Jay – You contradict yourself on 4 points, 2 legal and 2 factual. If folks stick to JUST the facts, and not their opinions, the facts speak for themselves. Chronologically, the Adult Swim Block Party premiered 14 months before the Animation Block Party, PERIOD.

Bill Field

Looking up Adult Swim, the way i suggested in the earlier post, animenewsnetwork.com has the premiere date of the Adult Swim Block, itself, as September, 2nd, 2001.

Stephan

The headline is doing the same thing Fox News does: You can say any factual inaccuracy if you put a question mark after it.

Jay Weissman

@Bill Field I’d appreciate it if you’d point out for me where I contradict myself and also post the link to where you found the information as to when ‘Adult Swim’ block party premiered. The link you posted doesn’t give that information.

Bill, trust me, there was never an Adult Swim ‘block party’ in ’01. But, if you can show me some documentation stating otherwise, I’d love to see it.

Again, even if there was one in ’01, it wouldn’t matter as it was never trademarked. Passing off wouldn’t factor in as Adult Swim wasn’t a separate entity at that time.

Bill, I understand the FACTS. The facts do speak for themselves that Adult Swim wasn’t its own tax-paying registered entity until March, 2005. Obviously, you don’t understand trademark laws.

Unfortunately Bill, chronology isn’t the only factor here.

Bill Field

Okay, first, both Block Parties promote at each other’s events, and have also had a good healthy relationship not legally threatening whatsoever. That makes all the issues you bring up mute,no one in either camp has ever even voiced any legal differences- EVER. You’re picking a fight that doesn’t exist.

The Television Programming Block known as Adult Swim, began September 2nd,2001. It was very successful early on, with the valuable 18-34 year old demographic. With an early goal of eventually growing into it’s own channel- they put money into a promotional tour to get more viewers, 2 years later, in 2003- it was known as ADULT SWIM BLOCK PARTY. Animation Block Party’s own start date, on their site, is nearly 14 months later. There is no legal battle here, so conjecture is only that.

Adult Swim was a licensed property as well as adultswim.com, months before it debuted in 2001. Becoming a”network” in 2005 isn’t when it became a vehicle of intellectual property. Chronological is all that matters here- the only question is which came first, and Adult Swim’s Block Party did.

r.y.

i think it’s interesting how bill field still hasn’t provided any proof other than a link that doesn’t work.

also, pretty crazy of bill to make statements like “both block parties” promote each other when they clearly do not.

the plain fact is, there is no record of adult swim block party before this current event anywhere other than in bill’s comments on this website.

thank you,

r.y.

Bill Field

r.y.- Get YOUR facts straight. You want solid physical proof that Adult Swim started on Sept,2nd, 2001? go get a copy of Rolling Stone the first week of September, 2001- it featured four different posters that announced the premiere of ADULT SWIM. I’ve seen ads and signage at AS events for the Animation Block Party, and other post-ers here have acknowledged promos for AS at the Animation Block Party, which you wouldn’t see if there was any issue between the two- to call my point crazy, is both offensive and overstated. You give the internet a lot of undue credit, as you do your searching abilities. Stick to the facts- hate elsewhere, it’s getting tedious to hear defense of something that is really a non-issue in the first place.

Jay Weissman

Bill, are you an attorney? I highly doubt you are, as you truly don’t understand trademark law or the matters at hand here. I have no vested interest in either party, yet I see a clear distinction here as to where the law lays.

You’ve posted links that don’t exist, so I think your searching abilities are the true issue.

Your quote:
“go get a copy of Rolling Stone the first week of September, 2001- it featured four different posters that announced the premiere of ADULT SWIM.”

It may have, but didn’t show for ‘Adult Swim’ block party, or Adult Swim as its own registered company. Sorry buddy, you’re wrong.

Stephan

I think its a shame that so called animation fans spend so much of their time hating animation.

Bill Field

No, Jay, I posted a google search result, which, once I found it to be an expired link, then cited the Rolling Stone issue with posters proclaiming CN’s ADULT SWIM BLOCK from the 1st week in September,2001. Legalities and facts are not the same thing, not once have I approached this thread with case law, only the facts. I do know a bit more about fact finding than a lawyer, as a research analyst for 20 years, (I’m also a designer/animator). There is NO LEGAL argument here- only a historical one, you’re blurring the issue- Amid posted this, perhaps unaware of which came first, Adult Swim’s Block Party came first- THERE ARE ONLY TRADEMARK VIOLATIONS IN YOUR HEAD. Where have the two parties called each others copyrights and trademarks? No where. My guess is, you may be an attorney, trying to make a case and work for yourself where there is none.

Bill Field

Where have the two parties called each others copyrights and trademarks into question? No where. My guess is, you may be an attorney, trying to make a case and work for yourself where there is none.

This is what I meant to say in my last few sentences.

Jay Weissman

Show me proof:

1. the Rolling Stone magazine ad…
2. where I contradicted myself…

I’m not trying to make work for myself. The trademark issue is a real one that either company may take up. Amid posted that it was a potential ‘rip-off’ and it seems as though it is.

The debate that has arisen is about which is a rip-off of the other. I don’t think Animation Block cares about other animation festivals; there are many. But another one with a similar name may strike a chord.

You may know a bit more about fact-finding than ‘some’ lawyers, but I assure you, you don’t know more about it than I or or have the relevant experience.

I’m surprised that a lawyer would make a prima facie conclusion based on any “evidence” in this thread.

It’s far from a clear cut trade infringement. Cartoon Network’s use MAY be, it may not.

Of course, many IP lawyers would assert since an infringement claim wasn’t been filed by Animation Block when they first became aware of the Adult Swim Block Party they have not properly defended their rights and could lose on that alone.

Ok – I pointed out my differences with you, just re-read my posts. Use your keen legal eye and keep count yourself. How can something be a rip off of another if it came first? Go buy the early sept issue2001 of Rolling Stone, since your’e the doubter, then accuse me, solicitor. I know all the AS debut dates, and I know Jerry and Amid can probably back it up as well.
Block Party is a type of party/event, it is used in at least 200 annual and regular occurring events in the US alone, so by your measure they should all sue one another. Have at me, I’m done, this a dead issue as far as I’m concerned. I’m embarrassed that I entertained this discussion as long as I did.

For the love of… the more parties where people can watch awesome animation, the better! Its not like ADULT SWIM is trying to shut down Animation Block Party or something… plus, both posters are aweome.